What if we can't agree?
Sometimes, negotiations reach a point where everyone recognizes the two sides are too far apart. If you and your legal team are unable to come to a compromise with the insurance company, your case is not over. In certain cases, both sides understand that negotiations will likely fail and other options must be considered.
So what do we do?
The first step on our end is usually understanding what the disagreement is based on - is it due to Liability? do both parties agree on that, but not on the Damages? What evidence are both sides presenting?
Once we understand the disagreement, we can decide what might move the case forward. That could mean supplying additional evidence, correcting a misunderstanding, making another proposal, or trying mediation.
If negotiations do not produce an acceptable agreement, filing a lawsuit may be an option. Your attorney will explain the strength of the evidence, likely costs, potential delays, and risks before recommending that step. If a lawsuit is already underway, the case may continue toward trial while settlement discussions remain open.
You do not have to accept an offer simply because negotiations have stalled. However, rejecting an offer does not guarantee a better result. The goal is to make an informed decision about the options actually available in your case.